Streeter v. CDC, Vacaville
Filing
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FINDINGS and RECOMMENDATIONS recommending that this Action be Dismissed, Without Prejudice, for Plaintiff's Failure to Comply With a Court Order re 1 Complaint, signed by Magistrate Judge Barbara A. McAuliffe on 11/1/2011. Referred to Judge Ishii. Objections to F&R due within fifteen (15) days. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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EDDIE J. STREETER, JR.,
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Plaintiff,
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CASE NO. 1:10-cv–01480-AWI-BAM PC
FINDINGS AND RECOMMENDATIONS
RECOMMENDING THIS ACTION BE
DISMISSED FOR FAILURE TO COMPLY
WITH A COURT ORDER
v.
CDC, VACAVILLE, et al.,
OBJECTIONS DUE WITHIN FIFTEEN DAYS
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Defendants.
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Plaintiff Eddie J. Streeter, Jr. is a state prisoner proceeding pro se in this civil rights action
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pursuant to 42 U.S.C. § 1983. On March 30, 2010, Plaintiff an application to proceed in forma
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pauperis on the incorrect form. On August 25, 2010, an order issued directing Plaintiff to submit
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an application to proceed in forma pauperis on the correct form or pay the filing fee within forty five
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days. Plaintiff was informed that failure to comply with the order would result in the dismissal of
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this action. More than forty five days have passed and Plaintiff has failed to respond to the Courts
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order.
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Accordingly, it is HEREBY RECOMMENDED that this action be dismissed, without
prejudice, for Plaintiff’s failure to comply with a court order.
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These findings and recommendations will be submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fifteen (15)
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days after being served with these findings and recommendations, Plaintiff may file written
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objections with the Court. The document should be captioned “Objections to Magistrate Judge’s
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Findings and Recommendations.” Plaintiff is advised that failure to file objections within the
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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d
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1153 (9th Cir. 1991).
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IT IS SO ORDERED.
Dated:
10c20k
November 1, 2011
/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
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